Is a Tire Blowout an At-Fault Accident?

Losing control of your vehicle while behind the wheel has to be one of the scariest experiences a driver can encounter. Car accidents due to tire blowouts are responsible for property damage, increased insurance rates, personal injury, and death. 

Tire-related accidents are more common than you think. According to the National Highway Transportation Safety Administration, in 2020, more than 600 people died on the road in tire-related crashes, and thousands sustained injuries. Although maintaining proper tire pressure can help avoid blowouts, it’s not always possible. Accidents happen. Whether a tire blowout is an at-fault accident depends on the situation. 

If you suffered injuries from a car accident caused by another driver’s tire blowout, let us help you seek the compensation you deserve. We can identify whether the other driver was negligent and pursue compensation. If you’ve experienced a tire blowout and believe the manufacturer was at fault, the experienced accident attorneys at Gerash Steiner Blanton, P.C., can help. Our legal team will investigate your claim to determine whether you have a claim. 

What Causes a Tire Blowout?

A tire blowout is a rapid loss of tire air pressure that can cause your vehicle to lose control. Several issues, including the following, can cause a tire blowout:

• Underinflated tires,
• Defective tires,
• Overinflated tires,
• Extreme heat,
• Road damage,
• Wear and tear, and
• Significant weather changes.

Not all tire blowouts are preventable, but there are things a driver can do to help reduce the chance of an accident or injuries due to a tire blowout. The cause of a tire blowout will likely affect who is at fault for a tire blowout. 

What Is an At-Fault Accident?

Colorado is an at-fault state. You must prove that the other driver was at fault to recover damages. Colorado is also a comparative fault state. More specifically, Colorado is a modified comparative negligence state. Under this fault system, the injured party can recover if the injured party is not 50% or more at fault. Colorado law requires that any damages be reduced in proportion to your amount of fault for causing the accident. 

When Is a Tire Blowout an At-Fault Accident?

Determining fault for a tire blowout depends on the facts of your particular case. If improper tire maintenance issues caused the accident, liability for your injuries could rest with the automobile driver who experienced the blowout. 

If a defective tire causes an accident, the tire manufacturer may face liability for the crash. A tire defect can occur for a variety of reasons, including:

• Design defects,
• Manufacturing defects, or 
• Failing to provide adequate warnings or labels for a tire. 

In addition to a possible claim under a product liability theory, you can investigate whether other potentially responsible parties may be liable. A manufacturer’s warranty may cover the damage. If the poorly maintained roads caused the tire blowout, it is possible to explore government liability for the poor road conditions that caused the accident. Retailers and service centers could also be among those who can be liable. 

If the accident occurred due to another driver’s tire blowout or a tire blowout on your automobile, you will need assistance from an experienced car accident attorney. We can explore all potentially liable parties. At Gerash Steiner Blanton, P.C., we have helped hundreds of Colorado car accident victims receive the compensation they deserve. 

Damages Available in a Blowout Accident

Like other automobile accidents, you can recover damages by settling your case with the other driver’s insurance company or by filing a lawsuit against the driver and winning. Whether you attempt to settle the case or litigate, you should file a claim with the other driver’s insurance company. The insurance company will investigate to determine fault and calculate damages. Hiring an attorney in this situation is critical. Your attorney can ensure any settlement offer covers the full extent of your damages. If the insurance company blames you for the accident when the evidence does not support this result, your lawyer can fight back.

Economic Damages

Economic damages are the monetary expenses incurred due to the accident. They include the following:

• Past and future medical expenses,
• Lost wages,
• Rehabilitation costs,
• Lost earning capacity, and
• Property damage.

Economic damages compensate you for out-of-pocket costs incurred due to the accident. 

Noneconomic Damages

Noneconomic damages are not as tangible as economic damages. Noneconomic damages under Colorado law include: 

• Pain and suffering,
• Impairments,
• Loss of consortium,
• Loss of quality of life, and
• Emotional distress.

Noneconomic damages could far exceed the damages awarded for economic damages. Colorado’s legislature has capped noneconomic damages and adjusts the cap every two years. 

Don’t Wait to File Your Claim

Under Colorado’s statute of limitations for motor vehicle accidents, an injured party has only three years from the date the accident occurred to file a claim. Three years may seem like a lot of time, but it is not. Evidence needed to prove your case becomes more challenging to secure, and memories fade. The sooner you speak with an experienced car accident lawyer, the better your chances for a successful outcome. If you miss the deadline, you probably will not be able to recover any compensation for your damages.

Contact Gerash Steiner Blanton Today

At Gerash Steiner Blanton, we have over 75 years of combined experience protecting the rights of injured clients. Our case results speak for themselves. Our lawyers give personal attention to each client and are ready to protect your legal rights and fight for the best outcome. We are prepared to negotiate a settlement to compensate you for your injuries. If the parties cannot reach a fair settlement, we have decades of trial experience to put to work for you. Contact us online or call today for a free case consultation.